Report of Compliance and Participation

OMB Control No: 0572-0047	ICR Reference No: 200108-0572-001
Status: Historical Inactive	Previous ICR Reference No: 199810-0572-002
Agency/Subagency: USDA/RUS	Agency Tracking No:
Title: Report of Compliance and Participation
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Disapproved and continue	Conclusion Date: 10/10/2001
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/09/2001
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is disapproved. The agency has demonstrated the need for civil rights information, but has not adequately justified how the information will be used. The agency should re-examine the types of questions asked, how each piece of information collected will be used, and how this information collection fits into the Department's overall strategy for collecting civil rights data. A statement that the information will be used to "determine the extent to which electric and telephone borrowers are in compliance with requirements of the Acts" does not satisfy the practical utility requirement of the PRA. In addition, USDA appears to have disregarded the existing terms of clearance. As currently constructed, the race and ethnicity questions are not consistent with current guidance on Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity. Given the multi-category nature of race and ethnicity identification, these questions are invalid and do not demonstrate practical utility. Continued use of forms with existing race/ethnicity questions shall constitute a violation of the PRA.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2002	10/31/2004	02/28/2002
Responses	3,680	0	3,680
Time Burden (Hours)	1,233	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: RUS Form 268, Report of Compliance and Participation, is designed for use by RUS electric and telephone borrowers in complying with the reporting requirements outlined in RUS Bulletin 1790-1, "Nondiscrimination Among Beneficiaries of RUS Programs." RUS is required to implement regulations of the DOJ & USDA and collect certain civil rights data and information pursuant to various Federal Acts.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Report of Compliance and Participation FORM-268

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 08/09/2001

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